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High Court of Gujarat Quashed Order Refusing Registration of Sale Deed in SARFAESI Act Case — Reasoning that SARFAESI Act Overrides State VAT Attachment. Sub-Registrar Directed to Register Sale Certificate Issued by Bank, as Prior Attachment Under Gujarat VAT Act Does Not Bar Registration.

The petitioner, a successful auction purchaser, filed a writ petition under Article 226 of the Constitution challenging the refusal of the Sub-Registr...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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Bombay High Court Allows Petition of Auction Purchaser for Electricity Supply Without Paying Previous Owner's Dues. Auction purchaser of industrial property is not liable for outstanding electricity charges of previous consumer under Electricity Act, 2003.

The petitioner, M/s. Zia Iron Store, purchased an industrial property at N-69, M.I.D.C., Nagpur in an auction conducted in execution of an award of th...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

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Bombay High Court Dismisses Appeal by Co-operative Society Challenging Auction Sale of Properties for Recovery of Dues Under Maharashtra Co-operative Societies Act, 1960. Sale Confirmed Despite Allegations of Non-Attachment and Improper Upset Price as No Prejudice Shown.

The appellant, Shegaon Taluka Co-operative Agricultural Purchase and Sale Society Limited, filed a Letters Patent Appeal against the judgment of a Sin...